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View Full Version : Indiana Suit Against Gunmakers Allowed to Proceed


Tyrone
02-18-2009, 9:50 AM
This is a suit to which we should be paying attention. Essentially the Indiana Supreme Court refused to hear an appeal from gunmakers (S&W, Colt, Beretta, etc...) asserting that the federal sheild for gunmakers should apply in a case brought by the City of Gary Indiana. The case claims that the manufacturers should be liable for the crimes committed in Gary as they purportedly knew their guns would get into the hands of criminals to commit crimes with. The link for this story is attached (occurred in late Jan. and did not see other post).

http://www.indystar.com/article/20090113/NEWS02/901130359

deleted by PC police
02-18-2009, 9:53 AM
The simple answer for them and all gun companies if they loose this case is to stop the sale of all firearms to Police, national guard and citizens of Indiana let them feal the fruits of their labor.

nick
02-18-2009, 10:04 AM
The simple answer for them and all gun companies if they loose this case is to stop the sale of all firearms to Police, national guard and citizens of Indiana let them feal the fruits of their labor.

Sadly, that takes more organization than they possess or are willing to have. Would be nice though.

I think, we should start suing Caphalon, Kitchenaid, Marthe Stewart, and other kitchen knife makers. Since kitchen knives are sold without any restriction, they should've reasonably expected that the knives they make could be acquired by criminals.

Aegis
02-18-2009, 10:07 AM
This will probably be overturned on the federal level. Maybe it will be another incorporation case, but is probably in the same circuit as the Chicago case. I believe there is a federal law in place to prevent these type of frivolous lawsuits. The logic for this argument of suing gun manufacturers is seriously flawed. Should victims of drunk drivers sue companies who make beer or car manufacturers for collisions? Criminals cause crime not guns. The sooner foolish politicians realize or accept this fact the better.

69Mach1
02-18-2009, 10:08 AM
Damn, not this s*** again. Gun manufacturers are protected by the FEDs, but for how much longer?

Tyrone
02-18-2009, 10:13 AM
Here is the link for the opinion that was allowed to stand. No doubt there will be more appeals and this is far from over. However, it is a good reminder (not that one is needed) of the lengths certain mindsets will go to try to ultimately ban firearms through suffocating regulations, endless lawsuits, or legislative jujitsu.

http://www.in.gov/judiciary/opinions/pdf/10290701jts.pdf

yellowfin
02-18-2009, 10:51 AM
Countersuit?

Dr Rockso
02-18-2009, 11:40 AM
Who's got the deep pockets right now, the city or gun manufacturers? Bad call on Gary, Indiana's part

bulgron
02-18-2009, 11:51 AM
Does this mean that people who don't like the Roe v. Wade decision can sue the manufacturers of the medical devices used to perform abortions, based on their belief that abortion is murder and the manufacturers of said devices know very well what those devices are going to be used to do?

These arguments go both ways, you know.

Mutual assured destruction, anyone?

dfletcher
02-18-2009, 1:14 PM
"The appeals panel ruled 3-0 that an exception in the law applied because the city alleged the gun makers violated laws applying to the sale and marketing of firearms."

Well I understand laws applying to sales, but what sort of restrictions are there on "marketing" and exactly how is marketing defined?

DDT
02-18-2009, 1:30 PM
Who's got the deep pockets right now, the city or gun manufacturers? Bad call on Gary, Indiana's part

If you read the article Gary isn't footing the bill. Brady is paying the lawyers for this one.

dwa
02-18-2009, 2:52 PM
one of the comments mentioned sueing the brady bunch. i wonder if that would work.

Dr Rockso
02-18-2009, 4:50 PM
If you read the article Gary isn't footing the bill. Brady is paying the lawyers for this one.
Even better, bleed their bank account dry. While the gun industry is making record profits, those Brady folks are going to be struggling to get donations in this economy.

nick
02-18-2009, 6:23 PM
one of the comments mentioned sueing the brady bunch. i wonder if that would work.

Of course. If gun manufacturers are liable for the guns they sell, then the Brady bunch should be liable when a person was unable to protect himself because of the laws they lobbied for.

Tyrone
02-18-2009, 7:53 PM
LOL - there have been lawsuits against bartenders who served drunk drivers involved in accidents, but manufacturers of products such as alcohol, castor oil, and butter usually cannot be held liable in strict product liability actions as most states have immunity statutes for these products.

yellowfin
02-18-2009, 8:24 PM
Even better, bleed their bank account dry. While the gun industry is making record profits, those Brady folks are going to be struggling to get donations in this economy.
Sadly, individuals do not fund them. The Joyce Foundation does, and Soros and his breed of slime do.